High CourtsDivision Bench(1926) 01 MAD CK 0005

Adusumelli Gopalakrishnayya vs Peyyath Gopalan and Others

Madras High Court · Decided on 5 January 1926

HON’BLE JUDGES
Ramesam, J · Devadoss, J
RESULT
Allowed
CASE NUMBER
Appeal against Order No. 14 of 1924

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Judgment

8 paragraphs · 182 words
1.

Only the power of the father to sell the shares of the sons passes to the Official Receiver, Sat Narain v. Behari Lal ILR (1924) Lah. 1. But the

power is subject to the same qualification as it is in the father''s hands, Allahabad Bank, Ltd., Bareilly v. Bhagwan Das Johari ILR (1926) All. 343

and Seetharama Chettiar v. Official Receiver, Tanjore ILR (1926) Mad. 849. In this case the son''s shares have been attached and after such

attachment, the Official Receiver cannot exercise the power of sale. It is true that in respect of such properties which were fold by the Official

Receiver prior to the attachment of the son''s share by the decree-holder, the above observations do not apply. Except as to such properties, the

Appellant is entitled to proceed with the execution by selling the son''s shares. He will now be allowed to execute the decree by selling the son''s

shares.

2.

The appeal is allowed with costs in this Court. The costs in the Court below will be provided for by the Lower Court when ordering execution.